(a) If an arrearage occurs under a support order being enforced by the agency for which immediate income withholding is not required under AS 25.27.062(a) or an application is made to the agency for withholding under AS 25.27.062(d), the agency may execute an income withholding order without prior notice to the obligor. At the time of execution, the agency shall serve a notice of income withholding on the obligor. Notice under this subsection shall be served upon the obligor by certified mail to the obligor’s last known address, and service is complete when the notice is properly addressed, certified, and mailed.
(b) The notice must state the amount of the overdue support that is owed, if any, and the amount of income that will be withheld.
(c) The notice shall inform the obligor that income withholding has been ordered and of the procedures to follow if the obligor wishes to contest withholding on the grounds that the withholding is improper due to a mistake of fact. The notice must also inform the obligor of the information that was provided to the employer in the document that ordered the withholding.
(d) If the obligor requests a hearing, it shall be conducted under the department’s regulations for informal conferences and shall be held within 15 days of the date of the request. The hearing may only be held to determine if there is a mistake of fact that makes the income withholding order improper because the amount of current or overdue support is incorrect, the identity of the obligor is inaccurate, or, for initiated withholding based on AS 25.27.062(c)(3)(A), the alleged facts regarding overdue payments or potential withdrawal of assets are incorrect. The order is not subject to any other legal defenses. It is not a defense to an income withholding order issued under AS 25.27.062(c)(2) that less than one full month’s payment is past due if at least one full month’s payment was past due on the date notice was served under this section.
(e) The conference officer shall inform the obligor of the informal conference decision either at the informal conference hearing or within 15 days after the hearing.
(f) If the conference officer determines that withholding will continue, the obligor may request a formal hearing as provided in the department’s regulations.
Other Sections in this Chapter:
- Sec. 25.27.010. Creation of child support services agency.
- Sec. 25.27.020. Duties and responsibilities of the agency.
- Sec. 25.27.022. Establishment and enforcement requests from other states.
- Sec. 25.27.025. Rate of interest.
- Sec. 25.27.030. Establishment of fund.
- Sec. 25.27.040. Determination of paternity.
- Sec. 25.27.045. Determination of support obligation.
- Sec. 25.27.050. Legal assistance.
- Sec. 25.27.060. Order of support. Repealed
- Sec. 25.27.062. Income withholding order for support.
- Sec. 25.27.065. Waiver of child support.
- Sec. 25.27.070. Order to assign wages for support.
- Sec. 25.27.075. Employment information.
- Sec. 25.27.080. Enforcement of support orders.
- Sec. 25.27.085. Subpoenas.
- Sec. 25.27.095. Agency exempt from execution.
- Sec. 25.27.100. All persons may use agency. Repealed
- Sec. 25.27.103. Payments to agency.
- Sec. 25.27.105. Audit of collections.
- Sec. 25.27.107. Certification of arrears. Renumbered
- Sec. 25.27.120. Obligor liable for public assistance furnished obligee.
- Sec. 25.27.125. Accounting and disposition of federal receipts and agency collections.
- Sec. 25.27.130. Subrogation of state.
- Sec. 25.27.135. Limitation on actions to establish child support obligation.
- Sec. 25.27.140. Authority and procedures to administratively establish and enforce support obligation.
- Sec. 25.27.160. Initiation of administrative action to establish support duty; required notice.
- Sec. 25.27.165. Determination of paternity in an administrative proceeding.
- Sec. 25.27.167. Contempt of order for genetic testing.
- Sec. 25.27.170. Hearings in administrative action to establish support duty.
- Sec. 25.27.180. Administrative findings and decision.
- Sec. 25.27.190. Modification of administrative finding or decision.
- Sec. 25.27.193. Periodic review or adjustment of support orders.
- Sec. 25.27.195. Relief from administrative order.
- Sec. 25.27.200. Use of standards in administrative determinations of support amounts.
- Sec. 25.27.210. Judicial review of administrative decisions and actions.
- Sec. 25.27.220. Procedure in judicial reviews.
- Sec. 25.27.225. Support payment obligations as judgments.
- Sec. 25.27.227. Nature of remedies.
- Sec. 25.27.230. Assertion, recording, and effect of lien.
- Sec. 25.27.240. Service of lien.
- Sec. 25.27.244. Adverse action against delinquent obligor’s occupational license.
- Sec. 25.27.246. Adverse action against delinquent obligor’s driver’s license.
- Sec. 25.27.250. Order to withhold and deliver. Repealed
- Sec. 25.27.253. Earnings subject to an order or lien.
- Sec. 25.27.255. Disposition of payments under income withholding orders. Repealed
- Sec. 25.27.260. Civil liability upon failure to comply with an order or lien.
- Sec. 25.27.265. Method of service; notification of change of address.
- Sec. 25.27.270. Judicial relief from administrative execution.
- Sec. 25.27.273. Reporting of payment information concerning delinquent obligors.
- Sec. 25.27.275. Nondisclosure of information in exceptional circumstances.
- Sec. 25.27.278. Payments not disbursed.
- Sec. 25.27.280. Severability: Alternative when method of notification held invalid.
- Sec. 25.27.300. Requests pertaining to remarriage.
- Sec. 25.27.320. Interest on agency return of certain overpayments.
- Sec. 25.27.900. Definitions.